Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9771 

■ 2. Add § 165.T11–157 to read as 

follows: 

§ 165.T11–157 Safety Zone; Fireworks 

Scattering; San Francisco Bay, San 

Francisco, CA 

(a) Locations. The following area is a 

safety zone: all navigable waters of the 

San Francisco Bay, from surface to 

bottom, within a circle formed by 

connecting all points 400-feet out from 

37°50′17.9′′ N, 122°21′16.5′′ W (NAD 83) 

between 10:30 a.m. and 11:35 a.m. on 

February 10, 2024, or as announced by 

Marine Information Bulletin. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel, or a 

Federal, State, or local officer 

designated by or assisting the Captain of 

the Port (COTP) San Francisco in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter in the safety 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the COTP’s designated representative. 

Persons and vessels may request 

permission to enter the safety zone 

through the 24-hour Command Center at 

telephone (415) 399–3432. 

(d) Enforcement period. This section 

will be enforced from 10:30 a.m. until 

11:35 a.m. on February 10, 2024. 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced, in accordance with 33 CFR 

165.7. 

Dated: February 3, 2024. 

Taylor Q. Lam, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector San Francisco. 

[FR Doc. 2024–02701 Filed 2–8–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R01–OAR–2023–0353; FRL–11161– 

02–R1] 

Air Plan Approval and Operating 

Permit Program Approval; 

Connecticut; Revision to Definitions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve, through parallel processing, a 

revised definition in the State 

Implementation Plan (SIP) and the Title 

V Operating Permit Program for the 

State of Connecticut. On November 30, 

2023, the Connecticut Department of 

Energy and Environmental Protection 

(CT DEEP) submitted to EPA the State’s 

adopted regulatory amendments to the 

definition of ‘‘severe non-attainment 

area for ozone’’ for inclusion in the 

EPA-approved SIP and Title V 

Operating Permit Program. The revision 

is necessary to fully implement these 

programs based on a nonattainment 

reclassification to a portion of 

Connecticut for the 2008 ozone National 

Ambient Air Quality Standard. EPA is 

approving these revisions pursuant to 

the Clean Air Act (CAA) and 

implementing federal regulations. 

DATES: This rule is effective on March 

13, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2023–0353. All documents in the docket 

are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Garcia, Air Quality Branch, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100, (Mail code 5–MI), Boston, MA 

02109–3912, tel. (617) 918–1660, email 

garcia.ariel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Response to Comments 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On July 17, 2023 (88 FR 45373), EPA 

published a Notice of Proposed 

Rulemaking (NPRM) for the State of 

Connecticut. The NPRM proposed 

approval of a revised definition in the 

SIP and the Title V Operating Permit 

Program for the State of Connecticut. On 

June 9, 2023, CT DEEP requested 

parallel processing of the revised 

definition of ‘‘severe non-attainment 

area for ozone’’ within the Regulations 

of Connecticut State Agencies (RCSA) 

22a–174–1 for approval into the SIP and 

as a program revision to the State’s Title 

V operating permitting program. Under 

the parallel processing procedure, EPA 

proposed approval of the revised 

definition before the State’s final 

adoption of the definition. Connecticut 

subsequently adopted the revised 

definition which became effective on 

November 13, 2023. The formal 

revisions to the SIP and the Title V 

operating permitting program were 

submitted by Connecticut on November 

30, 2023. 

The rationale for EPA’s proposed 

approval of the revised definition in the 

SIP and the Title V operating permitting 

program are explained in the NPRM and 

will not be restated here. EPA is 

proceeding with our final approval of 

the November 30, 2023 submitted 

revisions to the Connecticut SIP and 

Title V Operating Permit Program, 

consistent with the parallel processing 

provisions in 40 CFR part 51, Appendix 

V. EPA has reviewed Connecticut’s 

adopted definition of ‘‘severe nonattainment area for ozone’’ contained in 

RCSA 22a–174–1, and it does not differ 

from the proposed regulation submitted 

as part of the parallel processing request 

on June 9, 2023. That is, CT DEEP 

adopted the revisions as they were 

proposed, i.e. no changes were made. 


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9772 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 

II. Response to Comments 

EPA received two comments during 

the comment period; both comments are 

supportive. As such, these comments do 

not require further response to finalize 

the action as proposed. Nevertheless, 

EPA is including these comments in the 

docket for this rule. 

III. Final Action 

EPA is approving Connecticut’s 

revised definition of ‘‘severe nonattainment area for ozone,’’ contained in 

RCSA 22a–174–1 as amended by the 

State of Connecticut on November 13, 

2023, as a revision to the Connecticut 

SIP and Title V Operating Permit 

Program. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference the revised 

definition of ‘‘severe non-attainment 

area for ozone’’ within Connecticut’s 

RCSA section 22a–174–1, Definitions, 

(106), as described in Section I of this 

preamble. Background and Purpose of 

this preamble and set forth below in the 

amendments to 40 CFR part 52. The 

EPA has made, and will continue to 

make, these documents generally 

available through https://

www.regulations.gov and at the EPA 

Region 1 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve SIP and Title V 

submissions that complies with the 

provisions of the Act and applicable 

Federal regulations. See 42 U.S.C. 

7410(k) and 7661a(d); 40 CFR 52.02(a) 

and 70.4(e). Thus, in reviewing SIP and 

Title V submissions, EPA’s role is to 

approve State choices, provided that 

they meet the criteria of the CAA. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

Tribal implications and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

CT DEEP did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 12, 2024. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 


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Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9773 

40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Operating Permits, Reporting 

and recordkeeping requirements. 

Dated: February 6, 2024. 

David Cash, 

Regional Administrator, EPA Region 1. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart H—Connecticut 

■ 2. Section 52.370 is amended by 

adding paragraph (c)(130) to read as 

follows: 

§ 52.370 Identification of plan. 

* * * * * 

(c) * * * 

(130) Revisions to the State 

Implementation Plan submitted by the 

Connecticut Department of 

Environmental Protection on November 

30, 2023. 

(i) Incorporation by reference. 

(A) Regulations of Connecticut State 

Agencies Section 22a–174–1, 

‘‘Definitions,’’ (106), definition of 

‘‘Severe non-attainment area for ozone.’’ 

(B) Reserved. 

(ii) Additional materials. 

(A) Letter from CT DEEP submitted to 

EPA on November 30, 2023, entitled 

‘‘State Implementation Plan Revision 

Concerning the Definition of Severe 

Non-Attainment Area for Ozone.’’ 

(B) Reserved. 

■ 3. In § 52.385 amended Table 52.385 

by adding a sixth entry for ‘‘22a–174–1’’ 

before the entry for ‘‘22a–174–2’’ to read 

as follows: 

§ 52.385 EPA-approved Connecticut 

regulations. 

* * * * * 

TABLE 52.385—EPA-APPROVED REGULATIONS

Connecticut State 

citation Title/subject 

Dates 

Federal Register 

citation 

Section 

52.370 Date Comments/description 

adopted by 

State 

Date 

approved 

by EPA 

*******

22a–174–1 ............ Definitions ......... 11/13/2023 2/12/2024 [Insert Federal 

Register citation].

(c)(130) Modified definition of ‘‘severe non-attainment area for ozone’’. 

* * * * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 4. The authority citation for part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

■ 5. Amend Appendix A to Part 70 

under ‘‘Connecticut’’ by adding 

paragraph (b) to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs * * * 

Connecticut 

* * * * * 

(b) Connecticut Department of 

Environmental Protection submitted 

revisions on November 30, 2023 to 

Regulations of Connecticut State Agencies 

Section 22a–174–1, ‘‘Definitions,’’ definition 

of ‘‘Severe non-attainment area for ozone.’’ 

This rule amendment contained in this 

submittal is necessary to make the current 

definition as stringent as the reclassified 

severe nonattainment area in the State of 

Connecticut. The State is hereby granted 

approval effective on March 13, 2024. 

[FR Doc. 2024–02700 Filed 2–9–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0781; FRL–11563–01– 

OCSPP] 

U1-AGTX-Ta1b-QA Protein; Exemption 

From the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the U1-AGTXTa1b-QA protein in or on all food 

commodities when used in accordance 

with label directions and good 

agricultural practices. Vestaron 

Corporation submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

exemption from the requirement of a 

tolerance for residues of the U1-AGTXTa1b-QA protein in and on all food 

commodities. This regulation eliminates 

the need to establish a maximum 

permissible level for residues of U1- 

AGTX-Ta1b-QA protein under FFDCA 

when used in accordance with this 

exemption. 

DATES: This regulation is effective 

February 12, 2024. Objections and 

requests for hearings must be received 

on or before April 12, 2024, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0781, is 

available at https://

www.regulations.gov. Please review the 

visitor instructions and additional 

information about the docket available 

at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Madison Le, Biopesticides and Pollution 

Prevention Division (7511M), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

main telephone number: (202) 566– 

1400; email address: BPPDFRNotices@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 


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